Legislature(2003 - 2004)

04/26/2004 08:06 AM JUD

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
                    ALASKA STATE LEGISLATURE                                                                                  
              SENATE JUDICIARY STANDING COMMITTEE                                                                             
                         April 26, 2004                                                                                         
                           8:06 a.m.                                                                                            
TAPE(S) 04-42                                                                                                                   
MEMBERS PRESENT                                                                                                               
Senator Ralph Seekins, Chair                                                                                                    
Senator Scott Ogan, Vice Chair                                                                                                  
Senator Hollis French                                                                                                           
MEMBERS ABSENT                                                                                                                
Senator Gene Therriault                                                                                                         
Senator Johnny Ellis                                                                                                            
COMMITTEE CALENDAR                                                                                                            
SENATE BILL NO. 388                                                                                                             
"An  Act relating  to  the  creation of  a  civil legal  services                                                               
     MOVED SB 388 OUT OF COMMITTEE                                                                                              
HOUSE BILL NO. 188                                                                                                              
"An Act  relating to the  authority of the Department  of Natural                                                               
Resources  to  issue  citations for  certain  skiing  violations;                                                               
relating  to  establishing a  bail  schedule  for certain  skiing                                                               
violations and to procedures for  issuing a citation for a skiing                                                               
     HEARD AND HELD                                                                                                             
CS FOR HOUSE BILL NO. 25(JUD)                                                                                                   
"An  Act relating  to  health care  decisions,  including do  not                                                               
resuscitate   orders,  anatomical   gifts,   and  mental   health                                                               
treatment  decisions,  and  to powers  of  attorney  relating  to                                                               
health  care,  including  anatomical   gifts  and  mental  health                                                               
treatment decisions; and providing for an effective date."                                                                      
     HEARD AND HELD                                                                                                             
PREVIOUS COMMITTEE ACTION                                                                                                     
BILL: SB 388                                                                                                                  
SHORT TITLE: CIVIL LEGAL SERVICES FUND                                                                                          
SPONSOR(s): JUDICIARY BY REQUEST                                                                                                
04/15/04       (S)       READ THE FIRST TIME - REFERRALS                                                                        
04/15/04       (S)       JUD, FIN                                                                                               
04/26/04       (S)       JUD AT 8:00 AM BUTROVICH 205                                                                           
BILL: HB 188                                                                                                                  
SHORT TITLE: BAIL SCHEDULE FOR SKIING VIOLATION                                                                                 
SPONSOR(s): REPRESENTATIVE(s) HAWKER                                                                                            
03/12/03       (H)       READ THE FIRST TIME - REFERRALS                                                                        
03/12/03       (H)       RES, STA                                                                                               
02/25/04       (H)       RES AT 1:00 PM CAPITOL 124                                                                             
02/25/04       (H)       Moved Out of Committee                                                                                 
02/25/04       (H)       MINUTE(RES)                                                                                            
02/26/04       (H)       RES RPT 5DP 2NR 1AM                                                                                    
02/26/04       (H)       DP: HEINZE, LYNN, KERTTULA, MASEK,                                                                     
02/26/04       (H)       DAHLSTROM; NR: STEPOVICH, GUTTENBERG;                                                                  
02/26/04       (H)       AM: GATTO                                                                                              
03/23/04       (H)       STA AT 8:00 AM CAPITOL 102                                                                             
03/23/04       (H)       Moved Out of Committee                                                                                 
03/23/04       (H)       MINUTE(STA)                                                                                            
03/24/04       (H)       STA RPT 2DP 1DNP 4NR                                                                                   
03/24/04       (H)       DP: COGHILL, WEYHRAUCH; DNP: HOLM;                                                                     
03/24/04       (H)       NR: SEATON, GRUENBERG, LYNN, BERKOWITZ                                                                 
04/14/04       (H)       TRANSMITTED TO (S)                                                                                     
04/14/04       (H)       VERSION: HB 188                                                                                        
04/15/04       (S)       READ THE FIRST TIME - REFERRALS                                                                        
04/15/04       (S)       JUD                                                                                                    
04/26/04       (S)       JUD AT 8:00 AM BUTROVICH 205                                                                           
BILL: HB  25                                                                                                                  
SHORT TITLE: HEALTH CARE SERVICES DIRECTIVES                                                                                    
SPONSOR(s): REPRESENTATIVE(s) WEYHRAUCH                                                                                         
01/21/03       (H)       PREFILE RELEASED (1/10/03)                                                                             
01/21/03       (H)       READ THE FIRST TIME - REFERRALS                                                                        
01/21/03       (H)       HES, JUD, FIN                                                                                          
02/13/03       (H)       HES AT 3:00 PM CAPITOL 106                                                                             
02/13/03       (H)       Heard & Held                                                                                           
02/13/03       (H)       MINUTE (HES)                                                                                           
02/27/03       (H)       HES AT 3:00 PM CAPITOL 106                                                                             
02/27/03       (H)       Heard & Held                                                                                           
02/27/03       (H)       MINUTE (HES)                                                                                           
03/06/03       (H)       HES AT 3:00 PM CAPITOL 106                                                                             
03/06/03       (H)       Moved CSHB 25(HES) Out of Committee                                                                    
03/06/03       (H)       MINUTE (HES)                                                                                           
03/10/03       (H)       HES RPT CS(HES) NT 7DP                                                                                 
03/10/03       (H)       DP: GATTO, WOLF, HEINZE, SEATON,                                                                       
03/10/03       (H)       CISSNA, KAPSNER, WILSON                                                                                
03/26/03       (H)       JUD AT 1:00 PM CAPITOL 120                                                                             
03/26/03       (H)       -- Meeting Canceled --                                                                                 
03/28/03       (H)       JUD AT 1:00 PM CAPITOL 120                                                                             
03/28/03       (H)       Heard & Held                                                                                           
03/28/03       (H)       MINUTE (JUD)                                                                                           
03/31/03       (H)       JUD AT 1:00 PM CAPITOL 120                                                                             
03/31/03       (H)       Moved CSHB 25(JUD) Out of Committee                                                                    
03/31/03       (H)       MINUTE (JUD)                                                                                           
04/07/03       (H)       JUD RPT CS(JUD) NT 5DP                                                                                 
04/07/03       (H)       DP: SAMUELS, HOLM, GARA, OGG, MCGUIRE                                                                  
04/07/03       (H)       FIN REFERRAL WAIVED                                                                                    
05/06/03       (H)       TRANSMITTED TO (S)                                                                                     
05/06/03       (H)       VERSION: CSHB 25(JUD)                                                                                  
05/07/03       (S)       READ THE FIRST TIME - REFERRALS                                                                        
05/07/03       (S)       HES, JUD                                                                                               
05/16/03       (S)       HES AT 1:30 PM BUTROVICH 205                                                                           
05/16/03       (S)       Heard & Held                                                                                           
05/16/03       (S)       MINUTE (HES)                                                                                           
03/08/04       (S)       HES AT 1:30 PM BUTROVICH 205                                                                           
03/08/04       (S)       Heard & Held                                                                                           
03/08/04       (S)       MINUTE (HES)                                                                                           
03/24/04       (S)       HES AT 1:30 PM BUTROVICH 205                                                                           
03/24/04       (S)       Heard & Held                                                                                           
03/24/04       (S)       MINUTE (HES)                                                                                           
04/02/04       (S)       HES AT 1:30 PM BUTROVICH 205                                                                           
04/02/04       (S)       Bill Postponed to 04/07/04                                                                             
04/07/04       (S)       HES AT 1:30 PM BUTROVICH 205                                                                           
04/07/04       (S)       -- Rescheduled to 5:30 pm 04/07/04 --                                                                  
04/07/04       (S)       HES AT 5:30 PM BUTROVICH 205                                                                           
04/07/04       (S)       -- Rescheduled from 1:30 04/07/04 --                                                                   
04/14/04       (S)       HES AT 1:30 PM BUTROVICH 205                                                                           
04/14/04       (S)       Heard & Held                                                                                           
04/14/04       (S)       MINUTE (HES)                                                                                           
04/16/04       (S)       HES AT 1:30 PM BUTROVICH 205                                                                           
04/16/04       (S)       Heard & Held                                                                                           
04/16/04       (S)       MINUTE (HES)                                                                                           
04/19/04       (S)       HES AT 1:30 PM BUTROVICH 205                                                                           
04/19/04       (S)       Moved SCS CSHB 25(HES) Out of Committee                                                                
04/19/04       (S)       MINUTE (HES)                                                                                           
04/20/04       (S)       HES RPT SCS 2DP 3NR SAME TITLE                                                                         
04/20/04       (S)       DP: DYSON, WILKEN;                                                                                     
04/20/04       (S)       NR: GUESS, GREEN, DAVIS                                                                                
04/26/04       (S)       JUD AT 8:00 AM BUTROVICH 205                                                                           
WITNESS REGISTER                                                                                                              
Mr. Andy Harrington                                                                                                             
Alaska Legal Services                                                                                                           
Anchorage, AK                                                                                                                   
POSITION STATEMENT:  Supports SB 388                                                                                          
Mr. Bob Bundy                                                                                                                   
Alaska Legal Services Board of Directors                                                                                        
Anchorage, AK                                                                                                                   
POSITION STATEMENT:  Supports SB 388                                                                                          
Representative Mike Hawker                                                                                                      
Alaska State Capitol                                                                                                            
Juneau, AK  99801-1182                                                                                                          
POSITION STATEMENT:  Sponsor of HB 188                                                                                        
Larry Daniels                                                                                                                   
General Manager                                                                                                                 
Alyeska Resort                                                                                                                  
Girdwood, AK                                                                                                                    
POSITION STATEMENT:  Supports HB 188                                                                                          
Dave Wilson                                                                                                                     
Mountain Manager                                                                                                                
Alyeska Resort                                                                                                                  
Girdwood, AK                                                                                                                    
POSITION STATEMENT:  Supports HB 188                                                                                          
Representative Bruce Weyhrauch                                                                                                  
Alaska State Capitol                                                                                                            
Juneau, AK  99801-1182                                                                                                          
POSITION STATEMENT:  Sponsor of HB 25                                                                                         
Dr. Marie Wallington                                                                                                            
Medical Ethicist                                                                                                                
Providence Hospital                                                                                                             
Anchorage, AK                                                                                                                   
POSITION STATEMENT:  Answered questions pertaining to the                                                                     
implementation of HB 25                                                                                                         
Paul Malley                                                                                                                     
Aging with Dignity                                                                                                              
POSITION STATEMENT:  Supports HB 25                                                                                           
ACTION NARRATIVE                                                                                                              
TAPE 04-52, SIDE A                                                                                                            
CHAIR  RALPH   SEEKINS  called  the  Senate   Judiciary  Standing                                                             
Committee meeting  to order  at 8:06  a.m. Senators  French, Ogan                                                               
and Chair Seekins were present. The committee took up SB 388.                                                                   
                SB 388-CIVIL LEGAL SERVICES FUND                                                                            
CHAIR  RALPH SEEKINS,  sponsor of  SB 388,  explained to  members                                                               
that SB  388 sets up  the Civil  Legal Services Fund,  into which                                                               
the legislature  may appropriate the punitive  damage awards that                                                               
it currently  deposits into  the general fund.  He noted  that in                                                               
Alaska, 50 percent of punitive damage  awards go to the state, 50                                                               
percent  go to  the prevailing  party. The  Civil Legal  Services                                                               
Fund  is to  be  used  to provide  legal  services to  low-income                                                               
individuals.   He  believes   providing  those   services  is   a                                                               
worthwhile goal  and one that  he supports strongly.  Those legal                                                               
services are  used effectively; clients are  not filing frivolous                                                               
lawsuits  but instead  pursue legitimate  claims that  they could                                                               
not otherwise afford to pursue.                                                                                                 
SENATOR OGAN asked if an  unemployed legislator would qualify for                                                               
free legal  services and, if so,  he was declaring a  conflict of                                                               
CHAIR  SEEKINS jested  if this  was Senator  Ogan's only  job, he                                                               
probably would qualify.  With no questions from  members, he took                                                               
public testimony.                                                                                                               
MR. ANDY HARRINGTON, representing  Alaska Legal Services, thanked                                                               
committee members for  hearing SB 388 and told  them Alaska Legal                                                               
Services  is  a  non-profit  agency   that  provides  free  legal                                                               
assistance to  low-income people. Alaska Legal  Services does not                                                               
represent people  who are charged  with crimes; it  handles cases                                                               
in which,  for example, a  tenant might be  faced with a  loss of                                                               
shelter, a working family is faced  with a loss of income through                                                               
garnished  wages, or  a domestic  violence victim  is faced  with                                                               
further victimization while trying  to navigate the legal system.                                                               
When a  legal defense can be  raised on behalf of  these clients,                                                               
Alaska  Legal  Services  makes  a  case in  court  for  them.  In                                                               
addition,  Alaska Legal  Services  has  a considerable  education                                                               
component, which includes a pilot  project legal lab where people                                                               
learn  to do  their own  legal  research and  learn court  system                                                               
procedures.  Its  website, Alaskalawhealth.org  was  specifically                                                               
designed for that purpose.                                                                                                      
MR.  HARRINGTON informed  members  that the  court system  raised                                                               
this  idea  while  working  with Alaska  Legal  Services  on  the                                                               
possibility  of  establishing a  civil  filing  fee surcharge  to                                                               
raise  revenues. He  again thanked  members for  considering this                                                               
MR.  BOB BUNDY,  member of  the  Alaska Legal  Services Board  of                                                               
Directors, told  members he has  practiced law around  Alaska for                                                               
32 years. He pointed out that  Alaska Legal Services is often put                                                               
in the position  of arguing against unrepresented  people with no                                                               
understanding  of the  law  or procedure.  Those  cases create  a                                                               
bottleneck  in  the court.  In  addition,  Alaska Legal  Services                                                               
gives legal advice  to people, which alleviate the  need to spend                                                               
resources and time engaging in a  legal battle that does not need                                                               
to  be fought.  It also  provides  legal services  to people  who                                                               
cannot  afford   services  that   enable  them  to   get  through                                                               
circumstances  in  life,  such   as  adoptions,  divorces,  child                                                               
custody disputes,  and others that  can only be addressed  by the                                                               
legal system. When  those situations are not  addressed, they can                                                               
turn into gigantic problems later  on and are more time consuming                                                               
for all involved.                                                                                                               
MR. BUNDY  pointed out that Alaska  Legal Services does a  lot to                                                               
make  sure that  people  in  our society  have  legal advice  and                                                               
representation, which  helps the entire legal  system to function                                                               
better.  With  the squeeze on revenues everywhere,  it has become                                                               
harder to  provide those services,  particularly in the  Bush. He                                                               
     The bang for  the buck is unbelievable.  The lawyers at                                                                    
     Legal  Services  work  for much  less  than  any  other                                                                    
     lawyers  you'll   find  in  the  state,   especially  -                                                                    
     including  people that  are  actually state  employees.                                                                    
     These people  work for  a little  bit, they  care about                                                                    
     their  clients and  they just  do  a real  good job.  I                                                                    
     think this is a really  worthwhile bill if there's some                                                                    
     way to get  some money to this group of  people to keep                                                                    
     this going on.                                                                                                             
SENATOR  FRENCH  asked  how  much   state  funding  Alaska  Legal                                                               
Services receives now and whether  he is concerned this bill will                                                               
act as a proxy for that funding.                                                                                                
MR. HARRINGTON  said Alaska Legal Services  received $125,000 for                                                               
FY  04  from the  state.  About  20  years  ago, it  received  $1                                                               
million, so  its budget has  decreased dramatically. In FY  03 it                                                               
received $175,000.  The House budget  contains $125,000  for next                                                               
year but  that amount was not  included in the Senate  budget. He                                                               
said his  "read" of  state finances  over the  next few  years is                                                               
that  funding will  become increasingly  difficult to  get, which                                                               
persuades him that it makes  sense to have this dedicated program                                                               
revenue. He  said the bottom  line is that Alaska  Legal Services                                                               
is worried  that SB  388 may replace  a state  appropriation, but                                                               
given the difficulties  it has had with  state appropriations, SB                                                               
388 seems to be the better course to pursue.                                                                                    
CHAIR SEEKINS responded:                                                                                                        
     Andy I appreciate that. I  think many members share the                                                                    
     intent, as  a good  intent, and don't  aim for  this to                                                                    
     supplant state support  but to try to  maybe enhance it                                                                    
     would be  a better word.  Again, it  is going to  be an                                                                    
     interesting fund  because this bill basically  says the                                                                    
     legislature may  appropriate - it  doesn't say  that it                                                                    
     shall  but it  may, so  we'll have  a way  to at  least                                                                    
     apply some  leverage and some stronger  discussion than                                                                    
     just having  it get lost somewhere  in the subcommittee                                                                    
He then noted with no  further participants, public testimony was                                                               
closed.  The committee  took a  short at-ease  from 8:20  to 8:22                                                               
Upon   reconvening,    SENATOR   FRENCH   commented    that   the                                                               
representatives   from  Alaska   Legal  Services   addressed  his                                                               
SENATOR  OGAN moved  SB 388  with its  attached fiscal  note from                                                               
committee with individual recommendations.                                                                                      
With  no objection,  CHAIR SEEKINS  announced that  SB 388  moved                                                               
from committee.                                                                                                                 
           HB 188-BAIL SCHEDULE FOR SKIING VIOLATION                                                                        
REPRESENTATIVE MIKE  HAWKER, sponsor of  HB 188, told  members he                                                               
introduced this  legislation at the  request of the  downhill ski                                                               
industry in  Alaska. The  purpose of  HB 188  is to  complete the                                                               
implementation of  the Alaska  Ski Safety  Act (ASSA),  which was                                                               
passed  by the  Eighteenth  Legislature in  1994.  He noted  that                                                               
Representative  Kerttula   co-sponsored  this   legislation.  Her                                                               
father carried the original ASSA.                                                                                               
He  explained  that  in  1994,  the  fact  that  Alaskans  valued                                                               
downhill  skiing  as a  sport  and  had  a great  opportunity  to                                                               
develop  winter  tourism was  recognized.  The  ski industry  was                                                               
fairly unregulated but  as large ski areas  were being developed,                                                               
the  need  to   adopt  regulations  to  define   the  rights  and                                                               
responsibilities of  both the  operators and  users of  ski areas                                                               
became apparent.  The ASSA attempted to  do that and put  quite a                                                               
few  burdens on  the operators  of ski  areas, regarding  patrol,                                                               
safe ski lifts, etcetera, to make  the sport as safe as possible.                                                               
While  that  act recognized  the  duties  of operators,  it  also                                                               
required affirmative duties  of skiers by expecting  the skier to                                                               
know the  range of his  ability. However, a number  of particular                                                               
offenses that have presented sufficient  danger were not included                                                               
in the original  act, and the industry has asked  that it be able                                                               
to  fine   skiers  for  those   offenses  to  deter   unsafe  and                                                               
inappropriate  behavior.  He  emphasized  that HB  188  does  not                                                               
change any  of the aspects of  the ASSA. Its purpose  is to clear                                                               
up two problems.                                                                                                                
He explained the first addition as follows:                                                                                     
     The first section really makes  a change. It eliminates                                                                    
     this tag line that  says...a person...[that] violates a                                                                    
     provision   of  certain   sections  is   guilty  of   a                                                                    
     violation.  The  commissioner   of  the  Department  of                                                                    
     Natural  Resources  shall  authorize  people  to  issue                                                                    
     these  citations, but  another tag  line says  within a                                                                    
     ski area  over which  the state has  jurisdiction. Now,                                                                    
     that's become an  item of some confusion,  as we've had                                                                    
     a couple  of changes  in administration since  1994 and                                                                    
     with  people in  the Department  of Natural  Resources,                                                                    
     and the ski industry itself.                                                                                               
     As  I  talk  to  members of  the  ski  industry,  their                                                                    
     interpretation  of  that  original provision  was  that                                                                    
     that  was  there  to  distinguish  federal  from  state                                                                    
     jurisdiction so that  the state was not  trying to pass                                                                    
     laws or  regulations that would  be trying  to regulate                                                                    
     federal operations, which we  could not do. They wanted                                                                    
     to include  - within  state jurisdiction, it's  sort of                                                                    
     like  you   know,  saying,  there's  the   primary  law                                                                    
     enforcement  over the  area -  that would  include both                                                                    
     areas operated by  the state itself as  well as private                                                                    
     operations  operating  within  the  state  in  an  area                                                                    
     that's under state jurisdiction.                                                                                           
CHAIR SEEKINS clarified that state jurisdiction would apply on                                                                  
federal property unless otherwise provided.                                                                                     
REPRESENTATIVE HAWKER  said that  is what was  at issue:  who had                                                               
jurisdiction where.  He added that  this bill enjoys  the support                                                               
of both  the Department  of Natural Resources  (DNR) and  the ski                                                               
industry and both  want to make it very clear  that it applies to                                                               
any ski area, not only those operated by the State of Alaska.                                                                   
REPRESENTATIVE HAWKER continued:                                                                                                
     The second [change] was the  original ski safety act in                                                                    
     1994   contemplated  that   the  Supreme   Court  would                                                                    
     establish   a  bail   forfeiture  schedule   for  those                                                                    
     violations specified  in the section referenced  in the                                                                    
     bill  here,  which,  in  the  sponsor  statement,  I've                                                                    
     attached an addendum to that.  These are specific items                                                                    
     in Section  05.45.100 that  were identified  within the                                                                    
     bill as being  those activities that a  person could do                                                                    
     that  we   wanted  to  discourage  with   the  greatest                                                                    
     possible deterrents.  You'll find that in  the very end                                                                    
     of the  package there is  a letter from  the Eaglecrest                                                                    
     Ski Area, which summarizes at  page 2 the bail schedule                                                                    
     that  had  been  proposed  by  DNR  back  in  1994.  It                                                                    
     basically  moves   the  schedule  of  fees   for  these                                                                    
     violations  from  $50  to  $150   for  several  of  the                                                                    
     I want to  emphasize that none of  these violations for                                                                    
     which a  bail forfeiture schedule is  contemplated have                                                                    
     anything  to  do with  judgmental  calls  on a  skier's                                                                    
     ability  to ski.  These are  not  speeding tickets  for                                                                    
     skiing too fast. This is  not giving the ski patrol the                                                                    
     ability to  go out  there and  essentially be  a police                                                                    
     force on  the ski  slope but these  are items  that are                                                                    
     very  objectively  determined  -  having  a  collision,                                                                    
     leaving  someone  injured,  skiing in  a  closed  area,                                                                    
     skiing  or riding  lifts under  the influence  of drugs                                                                    
     and  alcohol, crossing  the track  of  an uphill  lift,                                                                    
     using  skis   without  stopping  devices   -  obviously                                                                    
     something could  become a  missile going  downhill, and                                                                    
     skiing in a closed area.                                                                                                   
     The Supreme  Court has also  - and in your  package are                                                                    
     two letters that are  particularly succinct about this,                                                                    
     and their  statement was quite simply  that the Supreme                                                                    
     Court does not believe  there is clear authorization in                                                                    
     the  statute to  establish  the bail  schedule. And  so                                                                    
     Section 2  gives very clear  and succinct  direction to                                                                    
     establish the bail forfeiture  schedule and, again, the                                                                    
     Supreme  Court  shall  establish  by rule  or  order  a                                                                    
     schedule  of  bail  amounts,  which  may  be  forfeited                                                                    
     without a court appearance for a violation of c or g.                                                                      
     The third  section follows up  that point of  without a                                                                    
     court  appearance  - I  mean  this  is not  a  criminal                                                                    
     activity;   this  is   just  something   you  want   to                                                                    
     discourage. The  penalty is only  - these  offenses are                                                                    
     classified as violations, which  are punishable only by                                                                    
     a small fine.                                                                                                              
     The third section of the bill  goes to the point of law                                                                    
     where these sort  of issues are dealt with  and this is                                                                    
     AS  12.25.180 and  190, which  are really  part of  the                                                                    
     arrest  and citation  section of  the Code  of Criminal                                                                    
     Procedure  where we  specifically  exempt any  citation                                                                    
     issued  under  the  ski  safety  act  from  having  the                                                                    
     requirement that an individual  appear in person should                                                                    
     they  forfeit  their  bail  on  this.  Other  areas  of                                                                    
     citations where  we've got bail schedules  in the state                                                                    
     that  are similar  are motor  vehicle citations  with a                                                                    
     bail  fine schedule,  fish and  game violations  with a                                                                    
     bail  schedule, obviously  the proposal  is to  add the                                                                    
     ski  safety   act.  We've  also   got  the   parks  and                                                                    
     recreational   facilities,   littering  citations   and                                                                    
     ...also the  Boating Safety  Act citations.  That third                                                                    
     section, again,  is specifically  saying that  when you                                                                    
     issue a  citation here, the  citation does not  have to                                                                    
     have a  written promise to  appear in court  since it's                                                                    
     at best addressed only by a fine if offered.                                                                               
     We  do  have  available   today  to  present  both  the                                                                    
     Department of Natural  Resources and representatives of                                                                    
     the Alaska ski industry, should  you wish to query them                                                                    
     any, sir.                                                                                                                  
8:30 a.m.                                                                                                                       
SENATOR FRENCH asked if the ski industry could currently be                                                                     
issuing citations for each of the offenses if it wanted to.                                                                     
MR. HAWKER said his understanding is that under the existing                                                                    
structure, the violation schedule is punishable today by a $50                                                                  
fine. He  added that the  bill would authorize the  Supreme Court                                                               
to establish a bail schedule.                                                                                                   
SENATOR  FRENCH referenced  the bail  schedule in  the Eaglecrest                                                               
Ski Area letter and asked if  they are suggestions to the Supreme                                                               
MR. HAWKER said  that is his understanding and  that DNR proposed                                                               
that schedule  to the Supreme Court  in 1994 when the  court said                                                               
it had no authority to adopt it.                                                                                                
SENATOR FRENCH  expressed concern that  right now a  person could                                                               
be cited  for a $50 violation  and will lose the  lift ticket. He                                                               
believes  that  is  a  severe  enough penalty  for  many  of  the                                                               
CHAIR  SEEKINS  believed  the  proposed  bail  schedule  contains                                                               
ceilings for  the fines rather  than mandatory amounts.  He added                                                               
that many  fines are suspended  upon condition of  no recurrence.                                                               
He  believes the  point  of the  bail schedule  is  to provide  a                                                               
meaningful penalty to prevent people from endangering others.                                                                   
REPRESENTATIVE HAWKER  felt Chair  Seekins' analysis is  right on                                                               
point  and that  Commissioner Irwin  would support  that analysis                                                               
also. He pointed out there  is particular concern about skiing in                                                               
closed  areas,  therefore the  fine  needs  to be  sufficient  to                                                               
discourage  that  activity. If  an  area  was closed  because  of                                                               
avalanche danger,  that activity could  expose a large  number of                                                               
people to injury.                                                                                                               
CHAIR SEEKINS  asked about the  definition of "peace  officer" in                                                               
the bill.                                                                                                                       
REPRESENTATIVE  HAWKER  acknowledged  that section  is  confusing                                                               
because  peace  officers  are  not involved  in  ski  safety  act                                                               
activities;  that  act  applies  to ski  operators  and  DNR.  He                                                               
     If  you notice,  it moves  into Alaska  statute section                                                                    
     12, which is  the Code of Criminal  Procedure, and this                                                                    
     is  generically a  section excluding  certain citations                                                                    
     from having  this mandatory  requirement to  appear. In                                                                    
     this  context  the  word   'peace  officer,'  which  is                                                                    
     typically -  I guess the paragraph  is prefaced by...'a                                                                    
     person  cited  for  the  crime  shall  give  a  written                                                                    
     promise  to appear  in court  by signing  at least  one                                                                    
     copy  of  a  written  citation prepared  by  the  peace                                                                    
     officer'.  That  is  the general  rule  when,  in  this                                                                    
     state,  someone  has committed  a  crime  and is  being                                                                    
     cited by a police officer for it.                                                                                          
     Then the  next paragraph is where  it becomes operative                                                                    
     and that  is 'the written promise  requirement does not                                                                    
     apply to boating citations' and  all the rest of these.                                                                    
     The implication  that it involves a  requirement that a                                                                    
     peace officer issue  the citation is...not contemplated                                                                    
     or required under the ski  safety act. This is strictly                                                                    
     a  violation  activity  managed by  the  Department  of                                                                    
     Natural   Resources  and   folks   designated  by   the                                                                    
     commissioner to  be part of the  process, not involving                                                                    
     peace officers.                                                                                                            
CHAIR SEEKINS  indicated that several people  have inquired about                                                               
that   section  and   thanked  Representative   Hawker  for   the                                                               
explanation. He  then asked Representative  Hawker if  his intent                                                               
is  to create  a  more  serious deterrent  for  those people  who                                                               
knowingly put the  life and safety of other  individuals at stake                                                               
through bad practices on ski slopes.                                                                                            
REPRESENTATIVE  HAWKER said  that is  correct, within  the larger                                                               
context of promoting a vibrant downhill ski industry in Alaska.                                                                 
SENATOR OGAN  asked about places  like Hatcher Pass  where people                                                               
ski and snowmachine but there is no operator.                                                                                   
REPRESENTATIVE HAWKER answered the  definition section of the ski                                                               
safety act, which  is AS 05.45.200, specifically  provides that a                                                               
ski area  means downhill ski  slopes, trails or places  under the                                                               
control of  a downhill  ski area  operator. A  ski area  does not                                                               
include a cross-country ski trail,  even if owned by an operator.                                                               
HB  188  does not  affect  open  land  that is  not  commercially                                                               
developed as a downhill ski area.                                                                                               
CHAIR SEEKINS agreed with Senator  Ogan that people who put other                                                               
people's  lives   in  danger  on   unmanaged  slopes   should  be                                                               
SENATOR  OGAN  pointed out  that  the  state  does not  have  the                                                               
resources to pay for avalanche forecasting  but if he were a park                                                               
ranger he would hire an  avalanche expert. He felt that modifying                                                               
the  bill to  allow state  parks to  close, particularly  Chugach                                                               
State Park,  when hazardous  conditions exist  would be  wise. He                                                               
pointed out  that whenever a rescue  team is engaged in  a search                                                               
after an avalanche, 50 people's lives are put at risk.                                                                          
CHAIR SEEKINS took public testimony.                                                                                            
MR.  LARRY DANIELS,  ski area  general  manager, Alyeska  Resort,                                                               
stated  support  for HB  188.  He  said this  legislation  simply                                                               
completes  the 1994  ski safety  act as  originally contemplated.                                                               
The  ski safety  act has  been beneficial  over the  years as  it                                                               
specifies  both the  skiers and  operators' responsibilities.  HB                                                               
188 will  provide enforcement power for  the ski safety act.   He                                                               
described  some of  the  violations that  occur  and the  dangers                                                               
caused by those violations.                                                                                                     
MR. DAVID WILSON, mountain manager,  Alyeska Resort, told members                                                               
that Alyeska Resort  has kept violation records  for three years,                                                               
which show a decrease in the  number of violations cited. Four of                                                               
those violations  were very serious: collision,  jumping from the                                                               
chairlift,  ticket  fraud, and  skiing  in  a closed  area.  Most                                                               
citations are  issued for  skiing in closed  areas. In  the 2000-                                                               
2001 season,  DNR issued five  citations; in 2001-2002  it issued                                                               
one  citation.  He  emphasized  that  citations  are  not  issued                                                               
arbitrarily. They are used as deterrents.                                                                                       
SENATOR FRENCH asked  Mr. Wilson if the resort  has the authority                                                               
now to issue citations.                                                                                                         
MR. WILSON  said Alyeska  Resort notifies  DNR, which  issues the                                                               
SENATOR  FRENCH remarked  that HB  188 would  allow the  ski area                                                               
operator to  pick folks to  issue citations and asked  Mr. Wilson                                                               
if Alyeska Resort has discussed that possibility.                                                                               
MR.  DANIELS  replied that  Alyeska's  staff  would not  directly                                                               
issue citations.  They would take  recommendations to  DNR staff,                                                               
which would decide whether to issue the citations.                                                                              
CHAIR SEEKINS  affirmed that  Senator French's  interpretation is                                                               
correct  in that  the  bill  allows the  commissioner  of DNR  to                                                               
authorize individuals to issue citations.                                                                                       
REPRESENTATIVE  HAWKER  reminded  members  that  language  is  in                                                               
current statute.                                                                                                                
There being no further participants,  CHAIR SEEKINS closed public                                                               
SENATOR  OGAN  repeated  his belief  that  the  committee  should                                                               
consider including state park closures in the bill.                                                                             
CHAIR SEEKINS noted that would require a title change.                                                                          
SENATOR OGAN  said he would  only want  to make that  change with                                                               
the sponsor's concurrence.                                                                                                      
TAPE 04-52, SIDE B                                                                                                            
REPRESENTATIVE HAWKER  responded that  although he  feels Senator                                                               
Ogan's concern  is legitimate, he  would prefer to keep  the bill                                                               
as is.  He noted  this legislation is  specific to  organized ski                                                               
areas and the ski safety act and  he has not even looked into any                                                               
other statutes that apply to mechanized sports.                                                                                 
CHAIR  SEEKINS cautioned  that any  legislation that  pertains to                                                               
mechanized vehicles would entail a  great deal of public input so                                                               
he would  prefer not  to burden  HB 188  with that  discussion at                                                               
this late date in the session.                                                                                                  
SENATOR FRENCH commented  that he feels lukewarm  about this bill                                                               
if Alyeska  only issued six  citations in two years.  He believes                                                               
HB 188 is an attempt to fix something that is not broken.                                                                       
CHAIR SEEKINS announced  he would hold the bill  until the entire                                                               
committee is present.                                                                                                           
             HB  25-HEALTH CARE SERVICES DIRECTIVES                                                                         
REPRESENTATIVE BRUCE  WEYHRAUCH, District  4, gave  the following                                                               
introduction of HB 25.                                                                                                          
     HB  25 was  prefiled in  2002  and it  had roughly  six                                                                    
     hearings in  House Health and Social  Services and then                                                                    
     four hearings  in House Judiciary. And  then over here,                                                                    
     Chair Dyson  of the  Senate Health and  Social Services                                                                    
     Committee  held I  think, roughly,  eight hearings  and                                                                    
     it's gone  through substantial  revision in  the Senate                                                                    
     and I owe  a great deal of respect  and appreciation to                                                                    
     Senator Dyson for what that  committee did on this bill                                                                    
     in conjunction with our office.                                                                                            
     This  bill is  a  significant piece  of legislation  in                                                                    
     that it  brings together programs that  deal with organ                                                                    
     donation,  the living  will program,  the comfort  one,                                                                    
     do-not resuscitate  provisions of statute,  the durable                                                                    
     powers of  attorney and advanced directives  for health                                                                    
     care decisions.  Death is a  critical part of  life and                                                                    
     we all  die. This  bill is intended  to provide  in one                                                                    
     place  the  information  available to  people  who  are                                                                    
     dying  and whose  families are  dying and  who want  to                                                                    
     plan for their deaths when that time comes.                                                                                
     It's intended to help clarify  existing law and to help                                                                    
     bring  other  good  portions  of  laws  throughout  the                                                                    
     United  States into  one law  here in  Alaska and  it's                                                                    
     garnered a great deal of  attention from a multitude of                                                                    
     parties that are interested  in clarifying the statutes                                                                    
     on these  issues and allowing  the public who  needs to                                                                    
     deal  with  this  in   hospitals,  hospices  -  medical                                                                    
     providers, a  clear standard  to deal  with end-of-life                                                                    
     health care decisions.                                                                                                     
     The bill gathered my interest  because of my father who                                                                    
     recently  passed away  and he  had a  durable power  of                                                                    
     attorney  and advanced  health care  directives but  he                                                                    
     didn't   advise  my   mother  of   it.  Therefore,   he                                                                    
     languished in a  state where he did not want  to be for                                                                    
     three years before he actually  passed away and when my                                                                    
     mother  was  advised of  the  situation  she was  upset                                                                    
     because  he was  living the  life that  he never  would                                                                    
     have  wanted. If  his advanced  health care  directives                                                                    
     had been simply acted upon,  he would have been treated                                                                    
     a lot differently  in terms of his  medical health care                                                                    
     And so this  is something that all people  can use and,                                                                    
     Mr. Chairman, it is a  meaty bill. I want the committee                                                                    
     comfortable with  it as the other  committees have been                                                                    
     as they passed it out and  so what I was planning to do                                                                    
     was step  back and  let a lot  of other  people testify                                                                    
     who've had input on this.                                                                                                  
SENATOR OGAN asked how a medical provider in Alaska would know                                                                  
if a visiting patient here had a do-not-resuscitate order in                                                                    
another state.                                                                                                                  
REPRESENTATIVE WEYHRAUCH deferred to Dr. Wallington for an                                                                      
SENATOR OGAN  said he also would  like an explanation of  the do-                                                               
not-resuscitate protocol on page 10 of the bill.                                                                                
DR. MARIE WALLINGTON, medical ethicist  for the Providence health                                                               
system in  Alaska, told members  she has worked  extensively with                                                               
Representative Weyhrauch  and the  Senate HESS Committee  on this                                                               
legislation. She  told members  that regarding  a visitor  with a                                                               
do-not-resuscitate order  in another state, in  general, a person                                                               
with a do-not-resuscitate  order has some kind  of definition. If                                                               
the medical  staff can verify  that a  person has such  an order,                                                               
they are  relieved from providing  resuscitation. An  Alaskan who                                                               
does not  have a do-not-resuscitate  order identification  on him                                                               
will be resuscitated.                                                                                                           
9:15 a.m.                                                                                                                       
MR. PAUL  MALLEY, President of  Aging with Dignity,  a non-profit                                                               
organization in  Florida, gave the  following testimony.  He said                                                               
he  is familiar  with  what  is happening  with  the Five  Wishes                                                               
document  on  a national  level  and  how  it is  promoting  good                                                               
quality  care at  the  end  of life.  He  provided the  following                                                               
highlights of what is happening nationally.                                                                                     
His  agency had  three goals  when it  developed the  Five Wishes                                                               
document. First,  it wanted to make  a document that was  easy to                                                               
understand and  use. Second,  it wanted  the document  to address                                                               
more than  medical issues because  when people are asked  what is                                                               
most important to  them at the end of life,  they most often want                                                               
to be at  home, with their family, without  pain, etcetera, along                                                               
with their preferences for life support treatment.                                                                              
He  noted that  the popularity  of the  Five Wishes  document has                                                               
grown  rapidly, and  about 6,000  organizations are  distributing                                                               
it,  including   hospitals  and   employers.    However,   a  few                                                               
roadblocks remain on the national  level. In 15 states, including                                                               
Alaska,  mandatory forms  are  required and  those  forms do  not                                                               
provide  much "wiggle  room" for  people to  put their  wishes in                                                               
their  own  words,  which  can  deter  people  from  using  those                                                               
documents.  His understanding  of  HB  25 is  that  it makes  the                                                               
process much  more streamlined  and effective  by putting  all of                                                               
the requirements for durable powers  of attorney for health care,                                                               
living wills,  organ donation and  others under one  umbrella. It                                                               
also makes  it easier for Alaskans  to put their wishes  in their                                                               
own  words,  whether  in  a   Five  Wishes  document  or  another                                                               
SENATOR OGAN commented that had he  had a living will when he had                                                               
his full  cardiac arrest,  he probably would  not be  alive right                                                               
now because his prognosis was very  poor. He said although he had                                                               
a fantastic experience with Alaska's  medical community, he finds                                                               
physicians to be pessimistic in general.                                                                                        
DR. WALLINGTON responded  that the fact that a  person has signed                                                               
an advanced directive does not mean  the person has agreed to not                                                               
be  resuscitated. The  physician must  be sure  of that  person's                                                               
medical situation  and if the  physician knows the  person cannot                                                               
be kept  alive, he might consider  writing a "Do-Not-Resuscitate"                                                               
order but  that would not  have been  the case when  Senator Ogan                                                               
had  his cardiac  arrest. She  said the  medical community  hopes                                                               
people will  spend a  lot of time  determining how  their advance                                                               
directives will read  so that they are telling  the medical staff                                                               
how to  decide. Had  Senator Ogan had  an advance  directive that                                                               
said he  wanted every effort to  be made to keep  him alive, that                                                               
would  have  given clear  direction  to  his medical  staff.  She                                                               
pointed  out  the old  form  was  terrible  in  that it  gave  no                                                               
direction in unclear situations.                                                                                                
CHAIR SEEKINS noted  the committee had other  commitments at this                                                               
time and  stated his intent to  bring HB 25 before  the committee                                                               
on Thursday. He then adjourned the meeting.                                                                                     

Document Name Date/Time Subjects